Quote:
Originally Posted by biosurfer1
It sounds like this is par for the course for the Italian judicial system but won't this be an endless loop now? The lower court found her guilty, the Italian supreme court said she was innocent, the lower court again found her guilty and now the appeal will go back to the supreme court...so if they find her innocent again, doesn't the whole process continue indefinitely?
Also, what use is there to have a supreme court if their say is not final? They RULED she was innocent, but it get's appealed back to the lower court??
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You've got it a little off, but that's understandable given the Italian system is different from ours.
The lower
(trial) court found her guilty.(1st swing)
The appeals court (not the Supreme court) declared her innocent--acquitted.
The
Supreme Court overturned the appeals court acquittal and ordered a new trial.
The
trial court found here guilty a second time. (2nd swing)
The
Supreme Court will handle the
final appeal (3rd swing). If it upholds the conviction, she's toast. If it overturns the conviction, she is finally and
permanently free from the charges.
So, it's not quite an endless loop though it seems so when compared to our system where the government gets
one and only one swing at a defendant and if it misses (acquittal) that's the
end of government's attempts to put someone away.